Driver in Malibu crash seeks dismissal of four murder charges

Ruling highlights speed data, the road’s danger and the driver’s own statements.

VAN NUYS, Calif. — A Los Angeles County judge on Monday rejected a bid by defense attorneys to throw out four murder counts against Fraser Michael Bohm, whose car struck parked vehicles along Pacific Coast Highway in 2023, triggering a chain reaction that killed four Pepperdine University students.

The denial centers the case on implied malice—whether the driver acted with conscious disregard for life—rather than on simple negligence. Prosecutors say vehicle data captured rapid acceleration to about 104 mph in a 45 mph zone near a tight curve where pedestrians often walk beside parked cars. Defense lawyers argued the law does not equate speed with malice and said Bohm, then 22, was sober and had no record of reckless driving. The judge concluded that the totality of evidence, including nighttime conditions and the driver’s familiarity with the stretch, warrants a jury’s review.

Investigators say the crash occurred just before 9 p.m. on Oct. 17, 2023. The victims—seniors Niamh Rolston, 20; Peyton Stewart, 21; Asha Weir, 21; and Deslyn Williams, 21—were standing along the shoulder after getting out of a vehicle when the impact pushed parked cars into them. Inside the Van Nuys courtroom, defense attorney Alan Jackson told the court, “Tragedy doesn’t create murder,” and maintained that manslaughter is the appropriate charge. Judge Thomas Rubinson said evidence undercuts a narrative that road rage preceded the crash and emphasized the driver’s knowledge of the curve commonly called “Dead Man’s Curve.”

Prosecutors summarized airbag module readings showing stability control engaged near 93 mph while the car still accelerated. They said the driver told deputies he “knew the road,” supporting a finding that he recognized the risk. The defense noted the absence of alcohol or drugs, stressed Bohm’s lack of prior offenses and challenged the idea that speed by itself proves state of mind. Parents and classmates listened silently as the judge reviewed the record and said a jury should hear the case. In a brief comment outside, a university representative offered condolences to families and said the community remains in mourning.

The crash reverberated across Malibu and at Pepperdine, where the four students, all members of Alpha Phi, were honored with posthumous degrees. The deadly stretch of PCH has long drawn complaints about narrow shoulders, heavy beach parking and limited nighttime visibility. After the 2023 collision, law enforcement increased speed enforcement and transportation officials assessed additional signage and traffic-calming options. Residents say late-evening glare and tight parking margins compound hazards for anyone standing near the curb.

With dismissal denied, the case returns in January for a scheduling conference expected to set a trial date. Bohm remains out on bond as lawyers prepare expert reports, challenge the admissibility of vehicle data and identify witnesses. The defense could seek appellate review of the ruling, which would run parallel to pretrial motions. A trial start later in 2025 would depend on courtroom availability and the pace of discovery.

Outside court, a Malibu shop owner who attended the hearing said, “People still talk about that night every week,” recalling highway closures and the sound of helicopters. A classmate described a quiet campus vigil, saying the ruling “doesn’t end anything, but it means the questions will be asked in a courtroom.”

The murder counts remain in effect as of Wednesday, with the next hearing set for mid-January to discuss a trial schedule.

Author note: Last updated November 13, 2025.